Y.D. AGASIMANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Though the matter is listed for admission, with the consent of both sides, it is taken up for final disposal.

(2.) This petition is filed by the petitioner/accused under section 482 of Cr.P.C., 1973 praying the Court to set-aside the order dated 07.02.2017 passed in Spl.Case.No. 8/2014 by the Prl. District and Sessions and Special Judge, Ballari and permit the petitioner to cross-examine P.W. 1 after the chief-examination of C.W.1.

(3.) It is mentioned in the petition that P.W.1 has been examined before the trial Court and he, as a shadow witness, supported the case of the prosecution, and the petitioner/accused, who is applicant before the trial Court, by making an application requested the Court that the cross-examination of P.W.1 may be deferred till completion of chief-examination of C.W.1/complainant. When the prayer of the petitioner/accused came to be rejected by the learned Sessions Judge on the ground that there is no reasons to adjourn the cross-examination of P.W.1 and there is no precedent and law laid down that only after the complainant is examined, other witnesses to be cross-examined.